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niky...... (NA)     20 March 2022

Memo of appeal or revision petition

This is regarding a Civil suit. The landlord is plaintiff and we are the defendants. Original defendant died in 2019 and was immediately intimated to honourable court within 15 day and to plaintiffs. Since then prior to covid 300 days passed but plaintiff did not brought legal hires of defendant on record. The court had put order for abatement and dismissal. But later post covid the judge changed and new one allowed to set aside the abatement order. Latest order allowed plaintiff to bring legal hires on record and did not dismiss the case. We want to challenge this decision/order, as per Limitation Act as no valid reason is there for delay.

Our lawyer and we are discussing if we want to go to higher court and file memo of appeal. But our distant relative who is also a lawyer suggested to go for revision petition instead. So we are a bit confused, if we decide to ho to higher court, which type of appeal shall we go ahead with - memo of appeal or revision petition, considering this is interm order?

Can you please advise. Thank you.



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